Enrolled HB 446: Relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade or commerce; and eliminating mandatory continuances in these matters after issuance of an injunction.
00Enrolled HB 446 01 Relating to the amount of a civil penalty for an unlawful act or practice in the conduct of trade 02 or commerce; and eliminating mandatory continuances in these matters after issuance of an 03 injunction. 04 _______________ 05 * Section 1. AS 45.50.551(a) is amended to read: 06 (a) A person who violates the terms of an injunction or restraining order 07 issued under AS 45.50.501 shall forfeit and pay to the state a civil penalty of not more 08 than $50,000 for each [$25,000 PER] violation. For the purposes of this section, the 09 superior court in a judicial district issuing an injunction retains jurisdiction, [AND 10 THE CAUSE SHALL BE CONTINUED,] and, in these cases, the attorney general 11 acting in the name of the state may petition for recovery of the penalties. 12 * Sec. 2. AS 45.50.551(b) is amended to read: 13 (b) In an action brought under AS 45.50.501, if the court finds that a person is 14 using or has used an act or practice declared unlawful by AS 45.50.471, the attorney
01 general, upon petition to the court, may recover, on behalf of the state, a civil penalty 02 of not less than $1,000 and not more than $25,000 for each [$5,000 PER] violation. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 APPLICABILITY. This Act applies to all penalties assessed on or after the effective 06 date of this Act, regardless of when the conduct occurred.